Mubarak v. The Insepctor Of Police

C.V.KARTHIKEYAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Sections 6(4) of Tamil Nadu Schedule Commodities (Regulation of Distribution Through card system) Order 1982 read with Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.29 of 2024, seeks anticipatory bail.

2. It is stated that the petitioner was found in possession of 1500 kgs of PDS rice and the same was recovered from the house of the petitioner herein. There is no previous case.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif cum Judicial Magistrate, Vaniyambodi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the

petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner is directed to deposit a sum of Rs.25,000/- to the credit of Cr.No. 29 of 2024 and on such deposit, the learned District Magistrate cum Judicial Magistrate, Vaniyambodi, may hand it over to the responsible Officer of Government Hospital at Thirupathur District, for treatment of needy patients.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.03.2024 vsg C.V.KARTHIKEYAN , J.

vsg 13.03.2024